Page:Federal Reporter, 1st Series, Volume 5.djvu/514

 &02 TBDSBAIi BBf OBTKB. �use th0 character for chastity of bis female passengers as a. basis of classification, so that he may put ail chaste women, or women who have the reputation of being chaste, into one car, and those known or reputed to be unchaste in another car. Such a regulation would be contrary to public policy, and unreasonable. It would put every woman purchasing a railroad ticket on trial for her virtue before the conductor as her judge, and, in case of mistake, would lead to breaches of the peace. It would practically exclude all sensible and sensitive women from traveling at all, no matter how virtu- ous, for fear they might be put into or unconsciously occupy^ the wrong car. �The police power of the carrier is sufficient protection ta other passengers, and he can remove ail pereons, men or women, whose conduct at the time is annoyitig, or whose reputation for misbehavior and indecent demeanor in public is so notoriously bad that it furnishes a reasonable ground to believe that the person will be offensive or annoying to others traveling in the same car; and this is as far as the carrier bas any right to go. He can no more classify women accord^ ing to their reputation for chastity, or want of it, than he can so grade the mon. �The car in which the plaintiflf was required to sit was used as a smoking car, and was at the time crowded with passen- gers, mostly emigrants, traveling on cheap rates, with many women, and children. It was claimed by the company that- its acommodations were as good as the ladies' car, and the- plaintiff had no right to refuse it. On this point the court charged that the plaintiff was entitled tofirst-class accommo- dations, which meant that those tendered were to be equal in all respects to the best which the company offered on that train to other female passengers traveling alone as the plaintiff was. If being chaste she would have been entitled to ride in the ladies' car, she was entitled to ride in it notwithstanding the alleged want of chastity, if her behavior was lady-like ; and having already aoquired a seat in it she could not be excluded, nor was she compelled to accept a seat in the^ ����